Idaho Code
Idaho Code

Idaho Code § 40-604 (2026)

Duties and powers of commissioners. 

✓ current as of May 2026
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Duties and powers of commissioners. 

Commissioners shall:

(1)  Exercise general supervision over all highways in the county highway system, including their location, design, construction, reconstruction, repair and maintenance, and develop general policies regarding highway matters.
(2)  Cause to be surveyed, viewed, laid out, recorded, opened and worked, any highways or public rights-of-way as are necessary for public convenience under the provisions of sections 40-202 and 40-203A, Idaho Code.
(3)  Cause to be recorded all highways and public rights-of-way within their highway system.
(4)  Have authority to abandon and vacate any highway or public right-of-way within their highway system under the provisions of section 40-203, Idaho Code.
(5)  Designate county highways, or parts of them, as controlled-access highways and regulate, restrict or prohibit access to those highways so as best to serve the traffic for which the facility is intended.
(6)  Have authority to make agreements with any incorporated city, other county, a highway district, the state, or the United States, its agencies, departments, bureaus, boards, or any government owned corporation for the construction, reconstruction, or maintenance of the county’s highway system by those entities or for the construction, reconstruction, or maintenance of the highway systems of those entities by the county’s highway organization. The county shall compensate or be compensated for the fair cost of the work except as otherwise specifically provided in this title.
(7)  Contract, purchase, or otherwise acquire the right-of-way over private property for the use of county highways and for this purpose may institute proceedings under the code of civil procedure.
(8)  Levy an ad valorem tax to be paid into the county highway fund and cause the tax collected each year to be paid into that fund and kept by the treasurer as a separate fund. When all of the territory of a county is included in one (1) or more highway districts the commissioners shall not make any levy for general highway purposes.
(9)  Audit and draw warrants on the county highway fund required for payment for rights-of-way improvement.
(10) Rename any highway within the county, excepting those situated within the territorial limits of incorporated cities, when the renaming will eradicate confusion.
(l1) Cause guide posts properly inscribed to be erected and maintained on designated highways.
(12) Exercise other powers as may be prescribed by law.
(14) By July 1, 2000, and every five (5) years thereafter, the commissioners shall have published in map form and made readily available the location of all public rights-of-way under their jurisdiction. The commissioners of a district may be granted an extension of time with approval of the legislature by adoption of a concurrent resolution.
Notes of Decisions
Cited in 5 cases, 1990–2016 · leading case: Bingham v. Franklin County
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Bingham v. Franklin County (1990) idaho · cites it 20× “§ 31-805 [6] and I.C. § 40-604. [7] The fact that such a statutory duty exists is important in light of I.”
Schneider v. Howe (2006) idaho · cites it 4× “342, 345 (1914); see also I.C. §§ 40-604(1); 40-1310(1). Such jurisdiction includes the power to open highways.”
Udy v. Custer County (2001) idaho · cites it 4× “" Clearly, Highway 75, which is the primary route running north from Shoshone to Challis and is defined in the "Official Highway Map" issued by the ITD as a "Major State Highway" is one of the "principal highway arteries in the state.”
Farrell v. Board of Com'rs, Lemhi County (2002) idaho · cites it 4× “See Idaho Code § 40-604 (4) (1985) (abandonment action by commissioners allowed when “determined to be in the public interest”).”
City of Sandpoint v. Independent Highway District (2016) idaho · cites it 2× “Idaho Code section 40-604 authorizes counties to make agreements with cities, highway districts, the State and the United States to perform the highway maintenance work of those entities.”
— Idaho Code § 40-604(1) — 2 cases
Schneider v. Howe (2006) idaho “342, 345 (1914); see also I.C. §§ 40-604(1); 40-1310(1). Such jurisdiction includes the power to open highways.”
Bingham v. Franklin County (1990) idaho “§ 31-805 [6] and I.C. § 40-604. [7] The fact that such a statutory duty exists is important in light of I.”
— Idaho Code § 40-604(2) — 1 case
Schneider v. Howe (2006) idaho “342, 345 (1914); see also I.C. §§ 40-604(1); 40-1310(1). Such jurisdiction includes the power to open highways.”
— Idaho Code § 40-604(4) — 1 case
Bingham v. Franklin County (1990) idaho “§ 31-805 [6] and I.C. § 40-604. [7] The fact that such a statutory duty exists is important in light of I.”
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